Outline of the state of New Mexico
State
New Mexico
Recommended or restricted to certain schools or students

Category
Breakfast at School

Category
Breakfast at School

State law recommends strategies to ensure students eat breakfast in the morning or maintains a program that only applies to certain schools (e.g., schools with 70% FRPL students).

Getting Ready for Breakfast After the Bell

Presentation addresses strategies to provide breakfast to students (ex. SBP, grab and go, coordinating bus schedules, breakfast after the bell).

Policy Type
Non-codified

New Mexico Administrative Code 6.12.9.6 Objective

This rule establishes requirements for districts and charter schools to establish a school breakfast program providing free breakfast after the instructional day has begun, in all districts in which eighty-five percent or more of the enrolled students at the elementary school were eligible for free or reduced lunch during the prior school year.

Policy Type
Regulation

New Mexico Administrative Code 6.12.9.7 Definitions

A. "Breakfast after the bell program" means an elementary school breakfast program in which food shall be served or consumed, at no charge, after the instructional day has begun, provided that instruction occurs simultaneously, to all students attending that elementary school through a school breakfast program that meets the federal school breakfast program Standard as authorized by Section 4 of the Child Nutrition Act of 1966 and operated in accordance with all applicable policies, guidance, and law, including the requirements listed in 7 CFR Part 220.

Policy Type
Regulation

New Mexico Administrative Code 6.12.9.8 Requirements

B. An elementary school in which eighty-five percent or more of the enrolled students at the school are eligible for free or reduced-price lunch under the National School Lunch Act of 1946 during the prior school year shall establish a breakfast after the bell program unless the school is granted a waiver by the department as per 6.12.9 NMAC.

C. An elementary school in which fewer than eighty-five percent or more of the enrolled students at the school are eligible for free or reduced-price lunch under the National School Lunch Act of 1946 during the prior school year and accepts state funding for the breakfast after the bell program shall establish a breakfast after the bell program.

Policy Type
Regulation

New Mexico Statutes 22-13-13.2. Breakfast program required; waiver; distribution of funds.

A. School districts and charter schools shall establish a "breakfast after the bell program" to provide free breakfast, after the instructional day has begun, to all students attending a public school in which eighty-five percent or more of the enrolled students were eligible for free or reduced-price lunch under the National School Lunch Act during the prior school year.

B. A school district or charter school that includes a public school in which fewer than eighty-five percent of the enrolled students were eligible for free or reduced-price lunch during the prior school year under the National School Lunch Act may establish a breakfast after the bell program to provide free breakfast, after the instructional day has begun, to all students attending that public school; provided that the program complies with all applicable department rules relating to the breakfast after the bell program authorized by this section.

C. Nothing in this section shall be interpreted to prohibit a school that establishes a breakfast after the bell program under the provisions of Subsection A or B of this section from beginning breakfast service before the start of the instructional day; provided that the school also serves breakfast after the beginning of the instructional day in the location of its choice, including the cafeteria, classroom, on the bus, or by providing a hand-carried breakfast.

Policy Type
Statute

School District Wellness Policy Guidance Document

Manual addresses strategies to provide breakfast to students (ex. SBP, grab and go, coordinating bus schedules, breakfast after the bell).

Policy Type
Non-codified